KAMPALA – A group of Human Rights Defenders has decried the ongoing evictions being undertaken by the National Environment Management Authority – NEMA-Uganda to reclaim the wetlands of Ganda-Nasere, Nansana along Lubigi.
In their Monday press conference, Resource Rights Africa, Network of Public Interest Lawyers, and National Coalition of Human Rights Defenders the exercise “that targeted vulnerable urban poor” has been characterized by destruction of property, disruption of livelihoods at all imaginable levels, with grave repercussions on the compounded vulnerability of women and children.
According to them, eviction is selective targeting only the properties of the poor and vulnerable persons and sparing those that belong to the rich.
“For example, one wonders why Stabex Petrol Station, Mandela Millers, Kumbocha Products Ltd all situated in the middle of Lubigi wetland have been spared!”
They noted that these eviction processes witnessed before, during and after execution are short of Uganda’s domestic, regional and international human rights standards demanded of States during evictions.
Andrew Byaruhanga, Executive Director, Resource Rights Africa noted that while the State through NEMA has a legal obligation to protect and maintain the sanctity of the environment, through among other means, being evictions, this should be done with respect to its sacrosanct duty to protect its citizens and promote their wellbeing.
“For this cause, we seek to draw the attention of NEMA and fellow Ugandans, to particular international standards that have been established as good practices to follow under the United Nations Committee on Economic, Social and Cultural Rights General Comments No. 4 (1991) and No. 7 (1997), which are all instructive to Uganda government as a member State of the United Nations. These values hereunder listed outlaw and denounce “forced evictions” as incompatible with the values of the Covenant, unless carried out under specific circumstances, requiring the government to ensure a number of requirements are observed. These requirements include the following:
a) ‘First, States must ensure, prior to carrying out any eviction, that all feasible alternatives are explored in consultation with the affected persons, with a view to avoiding, or at least minimizing, the need to use force;
b) Second, legal remedies or procedures should be provided to those who are affected by eviction orders, along with adequate compensation for any property affected, both personal and real;
c) Third, in those cases where evictions are considered justified, they should be carried out in strict compliance with the relevant provisions of international human rights law and in accordance with the general principles of reasonableness and proportionality;
d) Additionally, evictions should never result in rendering individuals homeless or vulnerable to the violations of other human rights. Governments must therefore ensure that adequate alternative housing or resettlement is available for all those affected before executing an eviction order.”
Human Rights Defenders also condemned the timing of the evictions particularly to school-going children who should have been given ample time to find other schools.
THEIR CALL TO GOVERNMENT OF UGANDA, NEMA, PARLIAMENT & UGANDANS
They asked NEMA and the Government to undertake responsible and sustainable environment protection frameworks which promote local citizenry participation that even where evictions are deemed necessary, they are undertaken in a manner prescribed by law including among other aspects, sufficient notice, proper compensation and equal application of the law to all regardless of financial status as is evident in the evictions prevalent. In the struggle to keep the environment from encroachment, the people and community rights, even of the poor must matter.
They also called on then to halt these evictions planned and the attendant arrests that have been observed for the wailing citizenry denied a right to shelter, which only add to the suffering the families are going through.
They want NEMA and all the involved duty bearers in the ongoing evictions including the UPDF and the Uganda Police Force, to respect, protect and fulfill human rights in tandem with the constitutional provisions and uphold the aforementioned eviction guidelines espoused in international human rights law to which Uganda is bound through signature and ratification.
They tasked the Parliament to probe the manner in which NEMA is undertaking the eviction in Lubigi and stand with the lower class of the Ugandan Society, undergoing deprivation, simply on account of their being poor and as thus easily targeted under plausible pretexts of protecting the environment and climate change.
Responding to several questions Dr. Barirega Akankwasah, Executive Director, NEMA, noted that Uganda’s wetland cover has reduced from 15.6% in 1994 to only 8.9% in 2019 but has been a slight recovery of up to 9.3%.
To prevent further loss of wetlands in Uganda, he explained that a decision was made to suspend approvals of developments in Wetlands effective 2nd September 2021 until further notice with exception of critical public infrastructure like Roads, Pipelines, Railways, Telecommunication infrastructure among others provided they are effectively guided by the Environment and Social Impact Assessment Processes.
He, however, refuted claims of not issuing restoration orders for Lubigi operation – noting that people were warned to leave from as far as Feb-April 2016 for Nansana, 2018 Nabweru area, 2019 Nabisasiro, Aug 2022 – Nansana, Sentema, Busega and Nabisariso, Dec 2023 Busega and April 2024 Lubigi Generally.
“Earlier in 2012, major evictions were carried out in Lubigi which resulted into successful evictions of Bemba Musota (the witchdoctor) and the taxi park.”
Although there are claims that some people have settled at the said wetland for over forty years, Dr. Akankwasah noted that satellite images indicate that the majority of the encroachments came in 2011 to 2015 and evictions and re-entry has been going on since then to-date.
The operation that has seen over two hundred households removed and several mapped for the same, he denied being selective, noting that they are a law enforcement exercise that looks out for any person that has breached or offended the law.
“Some infrastructure in wetlands were established with due process of Government approval and removing them would result in liability to Government. Example is some fuel station Lubigi which obtained approvals in 2017. There are some other establishments with past approvals including some factories. These have been left until Government takes a decision on such cases.”
Dr. Akankwasah said no compensation can be rendered to the evictees because “Ordinarily the evicted encroachers are supposed to compensate the Government for the cost of restoration in line with Section 133 of the National Environment Act, 2019 and compensating them encroachers as this would not only invite more encroachments but also would be a tacit approval of illegality.
He explained that the day-to-day management of wetlands is vested in the local governments, Urban Authorities and Department of Wetlands Management, Ministry of Water and Environment and that NEMA plays only the Regulatory, Monitoring, Supervision and Coordination role.
